LynnPerformance

Hello All, I am in need of some clarification. It is said that a Performance Based-IDIQ Contract does not procure or specify a firm quantity of services (other than a minimum or maximum quantity) In a situation where a staffing matrix is provided by the contractor--stating how many personnel they will use to fulfill the PWS requirements, is submitted and based on that number they are found either acceptable or unacceptable--this belief does not seem right. To explain a little further--this particular solicitation outlines how the proposal will be evaluated. It specifies that IF the proposal does not meet the requirement (based on the SSEB guidelines) the proposal will be found unacceptable. SO a proposal submits a staffing matrix (for example they stated they would provide 50 people to fulfil the requirements) the SSEB finds the proposal acceptable, the staffing matrix (provided by the contractor) is used to develop the contract price. After negotiations, the government has accepted the proposal based on the staffing, supplies etc and developed the final contract price based on the CLINs outlined in the staffing matrix which becomes part of the pricing matrix. This pricing matrix is used to pay the contractor against the T.O. based on the CLIN structure. Now, after the contract is awarded, the contractor staffs the facilities with 25 people. The have received multiple failures in performance for 3 months consecutively. The contractor's response when questioned about their staff, "You cannot tell us how to staff". I do not believe this is accurate because they are being paid based on the amount of staff on the matrix and that was included in the contract and the T.O.s are based on the CLIN annotated on the matrix. Can someone please point me in the right direction or tell me which is right or wrong and why.